Kansas HOA Laws: A Comprehensive Guide

A homeowners association (HOA) is a type of private organization that is responsible for the upkeep of shared spaces, such as clubhouses and parks. Its job is to maintain property values and ensure a high quality of life for residents.

Those who are elected to fill management roles in these organizations need to have a good understanding of Kansas HOA laws.

HOA Rights and Responsibilities

Before we get into the relevant Kansas laws that govern HOAs, let's first talk about the rights and responsibilities that these organizations have.

Rights

Homeowners associations in Kansas have the authority to implement rules and regulations, collect fees, which are known as dues or assessments, maintain communal spaces, and implement architectural guidelines.

These rights are usually stated in the organization's governing documents, such as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). HOAs have the authority to bring legal action and penalize homeowners who violate these rules and regulations.

According to the Kansas Common Interest Community Act, members have the right to attend HOA meetings, elect board members, and see financial documents.

Responsibilities

In Kansas, homeowner associations are required to hold regular meetings, maintain shared areas, disclose financial information, and follow the Kansas Common Interest Community Act.

These private entities should work in the best interests of the community, ensure that the community has a say in its decisions, and maintain the neighborhood in compliance with its governing documents and the relevant local, federal, and state laws.

An Overview of Kansas Statutes

Anyone who manages common interest communities must ensure that they have a good understanding of Kansas law. Let's take a look at some of the statutes that apply to most homeowners associations in the state of Kansas.

Kansas Uniform Common Interest Owners Bill of Rights Act

The Kansas Uniform Common Interest Owners Bill of Rights Act, located in Chapter 58, Article 46 of the Kansas Statutes, governs Kansas community associations. This act specifies the legal rights and responsibilities of unit owners and HOAs in order for them to operate effectively.

Kansas Townhouse Ownership Act

The Kansas Townhouse Ownership Act covers the establishment, functioning, and oversight of townhouse owner associations, as described in K.S.A. 58-3702. An organization expressly elects to be regulated by this legislation by making a declaration in its CC&R. 

Kansas Act Against Discrimination

It is illegal to discriminate against homeowners in the state of Kansas, and there are a number of fair housing laws in place to protect homeowners and potential homeowners. The Kansas Act Against Discrimination is one of them.

This law safeguards the public's right to equal access to housing options regardless of their color, race, ancestry, familial status, religion, gender, or national origin. 

These state-level measures are equivalent to the federal protections provided by the Fair Housing Act (FHA).

Homeowners who feel that they have been victims of housing discrimination can lodge a complaint with the Housing and Urban Development Department or the Kansas Human Rights Commission. They can also choose to initiate a private lawsuit in a state or federal court.

Kansas Corporations Code

Non-profit corporations in Kansas are governed by the legislation described in this section of the law. The chapter governs an association that is incorporated as a nonprofit organization, specifically concerning its processes and organizational makeup.

To confirm an HOA's corporate status, you can contact the Kansas Secretary of State.

Kansas Apartment Ownership Act

This act controls the possession, administration, and operations of organizations that deal with apartment owners.

These associations specifically opt to be regulated by this act by filing a statement with the Register of Deeds office in the region where the apartment or condominium complex is located. 

Kansas Consumer Protection Act

Fair debt collection, similar to federal statutes, is also implemented at the state level in Kansas.

The Kansas Consumer Protection Act forbids "suppliers," which are debt collectors and creditors, from engaging in misleading or unethical practices in order to recover a debt. Like the federal Fair Debt Collection Practices Act (FDCPA), the Kansas Consumer Protection Act provides state-level restrictions.

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Final Thoughts

The successful management of any homeowners association starts with understanding Kansas HOA laws. This article serves as a guideline to point you in the right direction, but you may need to do further research to learn more about the local laws that apply in your county.

Be sure to use the right tools to ensure that your homeowner's association remains compliant with the relevant laws and doesn't end up in federal or state court for violating these statutes.

To try DoorLoop out for yourself, get in touch with us today and schedule your free demo!

Frequently Asked Questions

1. Can an HOA fine homeowners?

Yes. Homeowners associations in Kansas can levy fines on homeowners for violating their rules. HOAs can also charge penalties for late payments.

The amount, form, and notification requirements for any additional charges will be specified in the organization's governing documents.

2. What are HOAs not allowed to fine homeowners for?

Homeowners associations are not permitted to prohibit the following:

• Exhibiting signs for public office candidates
• Raising the US national and the State of Kansas flag in accordance with federal law
• Setting up antennas and satellite dishes

However, keep in mind that an HOA's governing documents may incorporate reasonable restrictions and regulations regarding the location, method, and display of signs.

3. Can an HOA foreclose a home in their community?

There are currently no state laws that specify whether HOAs can foreclose on a home if the owner has not paid their dues. However, community associations can place liens on real estate, which could ultimately lead to foreclosure if the lien goes unaddressed.

4. What protections are available for people with disabilities?

While fair housing regulations protect people with physical impairments, Kansas goes a step further. The Kansas Rights of Persons with Disabilities law prohibits homeowners associations from discriminating against people with disabilities while using public accommodations.

It is mainly applicable to public shared places and common areas. This statute functions in the same way as the Americans with Disabilities Act.

Community associations are required by state law to allow a disabled person's trained canine companion into any shared space where the owner is permitted.

HOAs may also not impose additional fees for bringing a service animal into the neighborhood. If the animal damages association property, however, the owner of the dog will be held responsible.